Identifier
Created
Classification
Origin
09LONDON903
2009-04-16 14:42:00
UNCLASSIFIED
Embassy London
Cable title:  

"NOT QUITE READY YET"-- UK RESPONSE TO USG

Tags:  CJAN KTIA UK 
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VZCZCXYZ0010
PP RUEHWEB

DE RUEHLO #0903/01 1061442
ZNR UUUUU ZZH
P 161442Z APR 09
FM AMEMBASSY LONDON
TO SECSTATE WASHDC PRIORITY 2005
UNCLAS LONDON 000903 

SIPDIS

STATE FOR KENNETH PROPP, L/LEI AND DAPHNE COOK, L/T
STATE ALSO FOR EUR/WE/UK

E.O. 12958: N/A
TAGS: CJAN KTIA UK
SUBJECT: "NOT QUITE READY YET"-- UK RESPONSE TO USG
PROPOSAL ON SIGNING OF RATIFICATION INSTRUMENTS FOR MLA AND
EXTRADITION TREATIES

REF: A. STATE 35727

B. 04/15/09 MILLS/CARTER - PROPP E-MAILS

UNCLAS LONDON 000903

SIPDIS

STATE FOR KENNETH PROPP, L/LEI AND DAPHNE COOK, L/T
STATE ALSO FOR EUR/WE/UK

E.O. 12958: N/A
TAGS: CJAN KTIA UK
SUBJECT: "NOT QUITE READY YET"-- UK RESPONSE TO USG
PROPOSAL ON SIGNING OF RATIFICATION INSTRUMENTS FOR MLA AND
EXTRADITION TREATIES

REF: A. STATE 35727

B. 04/15/09 MILLS/CARTER - PROPP E-MAILS


1. (U) Foreign Office officials in April 15 and 16
discussions with Polcouns clarified that:

-- UK internal procedures for entry into force of the
Instrument to the Mutual Legal Assistance Treaty and
Instrument to the Extradition Treaty (MLA and Extradition
Instruments) discussed ref A have not/not yet been completed;
and

-- The UK Government cannot agree to the April 27 signing
ceremony proposed ref A because the texts of the MLA and
Extradition Instruments, as well as the texts of the
Protocols of Exchange for the MLA and Extradition
Instruments, fall under the "Ponsonby (Parliamentary Sitting)
Rule." Under this rule of UK parliamentary procedure, before
any formal signing of treaty texts such as these can occur,
the texts must be laid before the House of Commons for 21
working days. If, during that time, no Commons Member
requests a Parliamentary Committee hearing on the texts, they
can be signed after the 21-day period has passed, but not
before. (Embassy note. A working day is defined as a day
that the Commons is officially in session; as the Commons
does not sit most Mondays or Fridays, the 21-day period can
stretch over several months. End note.)


2. (SBU) Polcouns delivered ref talking points and draft
texts on April 15 to Mark Woodham, U.S. Office Director, who
was joined by a representative of the Foreign Office's Legal
Department; Poloff subsequently discussed the status of UK
internal ratification of the MLA and Extradition Instruments
with Woodham on April 16. The result was clarification from
the Foreign Office Legal Department that the final step in
the UK's internal ratification process for the MLA and
Extradition Instruments has not, contrary to previous
information (ref),been completed. According to the FCO
Legal Department, the texts of the Instruments themselves
have not been published and laid before Parliament as
required by the Ponsonby Rule. No reason for the failure to
do so was given, but Woodham did relay that the Foreign
Office needs the Home Office, "as the lead policy Department,
to draft the required Explanatory Memorandum to accompany
(the texts) when presented to Parliament, but they have not

yet supplied the document." The plan now would be for the
MLA and Extradition Instruments, as well as the Protocols of
Exchange for the Instruments, to be put before the Commons at
the same time.


3. (SBU) Although Woodham and his Foreign Office colleagues
agreed that a signing ceremony during the visit of Attorney
General Holder to London would have sent a positive message,
they confirmed that there is no mechanism for skirting the
Ponsonby Rule. Woodham offered the idea that, if HMG can
complete its internal legal review of the draft instruments
and finish other parliamentary formalities, it might be
possible to officially lay the draft texts before the Commons
on April 27 and start the 21-day clock running, which would
provide a talking point for Attorney General Holder and his
UK counterpart to use with the media during the visit. The
Foreign Office officials were careful not to promise a April
27 presentation to Commons, but told PolCouns they would
advise by early next week if it was doable. According to
Woodham and his Legal Department colleagues, the HMG is now
energized on the issue and will work to move the texts
through the parliamentary process "as quickly as possible."


4. (SBU) Woodham said that the mechanism HMG "traditionally"
prefers for the formalizing of ratification of international
agreements like those at issue is to convey the Protocols of
Exchange through diplomatic notes delivered by each
government's respective embassy, rather than a formal signing
ceremony. Given that a signing on April 27 is not now
possible, Woodham and the Legal Office official predicted
that this may be HMG's preference for these Protocol of
Exchange documents as well.


5. (SBU) None of the Foreign Office officials had any
immediate comments on the proposed draft texts themselves,
other than to ask for confirmation that the reference in the
talking points to Jersey, and the parallel process for
applying the agreements to it, was in fact limited to Jersey
and did not include the entirety of the Channel Islands and
the Isle of Man as well. The individual Channel Islands and
the Isle of Man are "different legal entities" under UK law,
though often treated together, and it was important to be
clear that application to Jersey would not include the others
without specific reference to them.




6. (U) Woodham said that his office has responsibility for
distributing the U.S. draft texts to other UK departments and
offices that need to review them and will coordinate a HMG
reply. He expected to be in contact with Embassy London
sometime next week with any further comments.


7. (SBU) Action Request for State/L: Per Foreign Office
request, Post requests clarification whether the reference to
Jersey in ref A talking points includes all of the Channel
Islands or is limited to Jersey itself.

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